Venue Hire Terms and Conditions

You will be asked to confirm that you agree to these Terms and Conditions before signing your Contract, which will be made up of the following:

(a) Event Details; 

(b) Venue Hire Terms and Conditions;

(d) Special Terms and Conditions.

1. Interpretation

1.1 The following definitions apply

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Business Hours: the period from 9.00am to 5.00pm on any Business Day.

Contract: the signed Contract between the Customer and BCIMO for the hire of the Venue and supply of the Services in accordance with the requirements under the Event Details, these Venue Hire Terms and Conditions and any Special Terms and Conditions referred to therein.

Deposit: the deposit to secure the booking, as stated in the Event Details. 

Event: the event or function for which the Customer is hiring the Venue, as specified in the Event Details. 

Hire Period: the period of time agreed for the hire of the Venue as described in the Event Details, to include any period of time to set up and clear the Venue.

Services: the supply of catering services and consumables, and any additional services or equipment, at the Event as specified in the Event Details.

Special Terms and Conditions: any additional terms and conditions agreed between the parties in writing. 

Total Sales Price: the charges payable by the Customer for the hire of the Venue and the supply of the Services, as set out in the Event Details.

Venue: the property, or area or rooms within the property, to be hired by the Customer, as specified in the Event Details. The Venue is limited to Level 2 of the Very Light Rail National Innovation Centre unless otherwise specified in the Event Details.

2. Confirmation of hire

2.1 Venue bookings shall be held provisionally for 90 calendar days following initial inquiry, or if such time is not available before the date of the Event, for a maximum of 24 hours. After this time, BCIMO reserves the right to release the provisional booking without notice to the Customer.

2.2 These terms and conditions shall come into effect on the date of the Contract, or the date that the Deposit has been paid to BCIMO in cleared funds by the Customer, if later. Until that time, bookings for hire will be treated as provisional.

3. Supply of services 

3.1 BCIMO shall supply the Services to the Customer during the Hire Period, subject to any specific timings agreed in writing by the parties before the Event.

3.2 In supplying the Services, BCIMO shall:

a) perform the Services with reasonable care and skill;

b) use reasonable endeavours to perform the Services in accordance with the service description set out in Event Details or any Special Terms and Conditions;

c) comply with all applicable laws, statutes and regulations in force at the time.

3.3 BCIMO has the sole right to provide the Services at the Venue. The Customer must not use any third-party caterers or bring (or permit delegates to bring) any food or drink (including alcoholic drinks) into the Venue.

4. Licence and use of Venue 

4.1 Subject to clause 8, BCIMO grants the Customer a right for the Hire Period to enter and use the Venue for the Event in accordance with the terms of the Contract. The Customer acknowledges that: 

a) the Customer shall have the right to enter and use the Venue as a licensee only and no relationship of a landlord and tenant is created between BCIMO and Customer by this agreement; and

b) BCIMO retains control, possession and management of the Venue and the Customer has no right to exclude BCIMO from the Venue. BCIMO reserves the right to enter the Venue at all times during the Hire Period, including to supply the Services. 

4.2 The Customer agrees and undertakes:

a) not to use the Venue other than for the Event;

b) not to do or permit to be done anything on the Venue which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to BCIMO or to any other customers of BCIMO, or any owner or occupier of neighbouring property; 

c) to comply (and ensure that its staff and agents comply) with these terms and any written or verbal instructions or notices from BCIMO, and use reasonable efforts to ensure that any delegates or other persons present at the Event so comply; 

d) to permit BCIMO (in its sole discretion) to search all containers, bags, boxes and equipment coming into or leaving the Venue, including those brought onto the Venue by delegates during the Hire Period;

e) not to cause or permit to be caused any damage to the Venue or any part thereof, including but not limited to any furnishings, equipment or fixtures at the Venue and clause 6.4 shall apply;

f) not to smoke or permit smoking (including e-cigarettes) or encourage or permit the use of any illicit drugs or alcohol within the perimeter of the Venue; 

g) not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Venue;

h) not to display any advertisement, signboards, flag, banner, placard, poster, signs or notices at the Venue without the prior written consent of BCIMO such consent not to be unreasonably withheld; 

i) not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Venue, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of BCIMO; 

j) to use any equipment provided by BCIMO, as specified in the Event Details, for its proper purpose and in accordance with any manufacturing or technical instructions provided by BCIMO regarding its use;

k) to leave the Venue in a clean and tidy condition and to remove the Customer’s decorations, displays and any other Customer equipment from the Venue at the end of the Hire Period; 

l) to ensure that all delegates leave the Venue by the time stated on the Event Details. BCIMO reserves the right to charge a fee for attendance at the Venue beyond that time; 

m) to comply with all health and safety requirements as displayed at the Venue and in accordance with all applicable health and safety laws; 

n) not to bring or permit to be brought any animal onto the Venue, with the exception of assistance dogs within the meaning of the Equality Act 2010;

o) not to take any photographs (and to ensure any delegates shall not) of any other participants within the Venue without the written permission of BCIMO;

p) to ensure that when it enters the Venue that all delegates remove all dirty personal protection equipment or dirty apparel;

q) to ensure that delegates remain in the allocated area unless escorted by a representative of BCIMO. 

4.3 BCIMO reserves its right to deny any individual access to the Venue if in its reasonable opinion any delegate using the facilities is causing harassment, alarm or distress to others in the Venue and shall not be permitted to return.

4.4 Car parking facilities are available for delegates at the rate of £4.00 per person and cars may not be left at the Venue overnight. The customer shall be liable for the cost of a replacement token and clause 6.4 shall apply.

4.5 The Customer shall ensure that the delegates behave in a responsible and safe manner at the Event, and BCIMO reserves the right to remove or request that the Customer remove delegates that do not do so from the Event and the Venue.

5. Guest numbers and dietary information

5.1 The Event Details indicate the guaranteed minimum number of delegates attending the Event, including the Customer staff.

5.2 If the Customer requires Catering, the Customer shall confirm the final catering numbers at least 5 Business Days before the Event. Charges for the Services will be calculated on the final catering number or the number actually attending, whichever is greater. Where the final catering numbers are less than the guaranteed minimum number of delegates specified in the Event Details, the Customer shall pay the charges based on the guaranteed minimum number. 

5.3 Special dietary requirements should be notified to BCIMO no later than 5 Business Days before the Event. The provision of special dietary requirements is included within the charges.

5.4 Menu items are subject to market availability and BCIMO shall notify the Customer as soon as practicable if any item will not be available for the Event. BCIMO shall offer a reasonable substitute and inform the Customer of any change to the Total Sale Price. If the Customer wishes to reject the proposed substitute, it shall do so in writing within 3 Business Days of the substitute being offered and BCIMO shall deduct the cost of the unavailable item from the Total Sale Price. If the Customer does not reject the proposed substitute in accordance with this clause 5.4, BCIMO may source the substitute and adjust the Total Sale Price accordingly.

5.5 At any time not less than 5 Business Days before the Event date, the Customer may submit a written request to change the menu items. The Supplier may at its sole discretion either accept or reject that request, subject to the Customer’s acceptance of the additional charges arising from the changes.

5.6 BCIMO shall remove and dispose of all excess Consumables and empty bottles, cans and boxes at the end of the Event in accordance with prevailing statutory and regulatory food hygiene requirements. 

6. Total Sale Price and payment

6.1 The Customer shall pay the Total Sale Price in accordance with this clause 6.

6.2 BCIMO shall invoice the Customer for the Deposit, which shall be payable by the Customer by the payment due by date stated on the invoice.

6.3 BCIMO shall issue an invoice for the Total Sale Price, which shall be payable by the Customer by the payment due by date stated on the invoice.

6.4 BCIMO may issue an additional invoice after the Event for any further charges due calculated by reference to BCIMO’s published price list which were not included in the invoice issued pursuant to clause 6.3. Such charges may include those payable for any final alterations to the Services, delegates attending the Event in excess of the number estimated by the Customer pursuant to clause 5.2 or any damage or loss caused to the Venue (other than wear and tear). Charges invoiced pursuant to this clause 6.4 shall be payable by the Customer by the payment due by date stated on the invoice.

6.5 All amounts payable by the Customer exclude amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to BCIMO at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice. 

6.6 If the Customer fails to make any payment due to BCIMO under the Contract by the due date for payment, then, without limiting BCIMO’s remedies under clause 8, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

6.7 If the Customer wishes to book the Venue less than 10 Business Days in advance of the Customer’s Event date, the Customer shall pay 100% of the Total Sales Price at the time of booking and clause 6.4 shall apply.

6.8 In the event that the Customer wishes to amend any details of the booking (including but not limited to date, time or number of rooms allocated) the Customer shall notify BCIMO immediately in writing.

6.9 If the Customer has given notice in accordance with clause 6.8, BCIMO shall make reasonable efforts to accommodate the request(s) by the Customer, and any agreed amendment (if and to the extent it is practicably possible) to the hire details, it shall entitle BCIMO to charge the Customer a fee of 25% of the Total Price  (“Venue Amendment Fee”) to cover administrative costs and committed expenditure costs.

6.10 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7. Liability

7.1 BCIMO has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5,000,000 in the aggregate. The limits and exclusions in this clause reflect the insurance cover BCIMO has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss. It is recommended that the Customer obtains insurance cover in respect of all risks which may be incurred by the Customer, arising out of the Event.

7.2 The restrictions on liability in this clause 7 apply to every liability arising in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise. 

7.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

a) death or personal injury caused by negligence;

b) fraud or fraudulent misrepresentation.

7.4 Subject to clause 7.3, BCIMO shall not be liable for:

a) the death of, or injury to, the Customer or that of the Customer’s employees, contractors or any other delegates or invitees to the Venue;

b) damage or theft of any property of the Customer or that of the Customer’s employees, contractors or other delegates of invitees to the Venue.

7.5 Subject to clause 7.3 and clause 7.4, BCIMO’s total liability to the Customer shall not exceed £5,000,000.

7.6 Subject to clause 7.3 and clause 7.4, clause 7.6 specifies the types of losses that are excluded: excludes specified types of loss. 

a) loss of profits

b) loss of sales or business;

c) loss of agreements or contracts;

d) loss of anticipated savings;

e) loss of use or corruption of software, data or information;

f) loss of or damage to goodwill;

g) indirect or consequential loss.

7.7 Unless the Customer notifies BCIMO that it intends to make a claim in connection with this Contract within the notice period, BCIMO shall have no liability for that claim. The notice period for a claim shall start on the day on which the Customer became, or ought reasonably to have become, aware of the incident giving rise to the claim having occurred and shall expire 8 weeks from that date. The notice must be in writing and must identify the incident and the grounds for the claim in reasonable detail to the satisfaction of BCIMO.

8. Cancellation

8.1 BCIMO may cancel the Contract with immediate effect by giving the Customer or Customer’s authorised representative notice in writing if:

a) the Customer fails to pay any amount due under the Contract on the due date for payment;

b) the Customer commits a material breach of any term of the Contract; 

c) the Customer takes or has taken against it any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part 1A Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this clause 8.1(c);

d) the Customer suspends or ceases, or threatens to suspend or cease, carrying on business;

e) the Customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy;

f) the Customer is unable to perform its obligations in connection with the Contract pursuant to clause 10.1.

8.2 The Customer may cancel the Contract by notice in writing to BCIMO.

8.3 If the Contract is cancelled under clause 8.1(a), clause 8.1(b), clause 8.1(c), clause 8.1(d), clause 8.1(e) or clause 8.2, BCIMO will use reasonable endeavours to re-book the venue but reserves the right to charge a cancellation fee. Any sums (excluding Deposit) already received by BCIMO under this Contract will be deducted from the cancellation fee. The cancellation fee shall be: 

Cancellation more than 4 weeks but less than 8 weeks before the date of the event = cancellation fee of 25% of the balance due

Cancellation less than 4 weeks before the date of the event = cancellation fee of 50% of the balance due

8.4 On completion or cancellation of the Contract for whatever reason:

a) any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after completion or cancellation shall remain in full force and effect;

b) completion or cancellation of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of completion or cancellation.

9. Data Protection

9.1 Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018 (and regulations made thereunder), the retained EU law version of General Data Protection Regulation ((EU) 2016/679), the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party. 

10. General

10.1 Force majeure. Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance shall be extended accordingly.  If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate this agreement by giving 7 day’s written notice to the affected party.

10.2 Assignment and other dealings

a) The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without BCIMO’s prior written consent. 

b) BCIMO may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.

10.3 Confidentiality

a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or BCIMO’s of the other party or of any member of the group to which the other party belongs, except as permitted by clause 10.3. For the purposes of this clause 10.3, group means, in relation to a party, that party, any subsidiary or holding company from time to time of that party, and any subsidiary from time to time of a holding company of that party.

b) Each party may disclose the other party’s confidential information:

(i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 10.3;

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

10.4 Entire agreement 

a) The Contract constitutes the entire agreement between the parties.

b) Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in the Contract.

10.5 Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives). 

10.6 Waiver

a) A waiver of any right or remedy is only effective if given in writing [and shall not be deemed a waiver of any subsequent right or remedy].

b) A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the future exercise of that or any other right or remedy. 

10.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 10.7 shall not affect the validity and enforceability of the rest of the Contract.

10.8 Notices

a) Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

(i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; 

b) Any notice shall be deemed to have been received:

(i) if delivered by hand, at the time the notice is left at the proper address;

(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting;

c) This clause 10.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. 

10.9 Third party rights. This Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

10.10 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.

10.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.